SCHEDULE 2EVIDENCE AND INFORMATION
2
1
If any justice of the peace is satisfied by information on oath given by any constable or person authorised by the Secretary of State or the Commissioners to act for the purposes of this paragraph either generally or in a particular case—
a
that there is reasonable ground for suspecting that an offence under this Order or, with respect to any of the matters regulated by this Order, an offence under any enactment relating to customs has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any vehicle, ship or aircraft so specified; or
b
that any documents which ought to have been produced under paragraph 1 and have not been produced are to be found on any such premises or in any such vehicle, ship or aircraft,
he or she may grant a search warrant authorising any constable or any officer of Revenue and Customs, together with any other persons named in the warrant and any other constables, to enter the premises specified in the information or, as the case may be, any premises upon which the vehicle, ship or aircraft so specified may be, at any time within one month from the date of the warrant and to search the premises, or, as the case may be, the vehicle, ship or aircraft.
2
Any authorised person who has entered any premises or any vehicle, ship or aircraft in accordance with sub-paragraph (1) may do any or all of the following things—
a
inspect and search those premises or the vehicle, ship or aircraft for any material which he or she has reasonable grounds to believe may be evidence in relation to an offence referred to in this paragraph;
b
seize anything on the premises or on the vehicle, ship or aircraft which he or she has reasonable grounds for believing is evidence in relation to an offence referred to in this paragraph;
c
seize anything on the premises or on the vehicle, ship or aircraft which he or she has reasonable grounds to believe are required to be produced in accordance with paragraph 1; or
d
seize anything that is necessary to be seized in order to prevent it being concealed, lost, damaged, altered or destroyed.
3
Any information required in accordance with sub-paragraph (2) which is contained in a computer and is accessible from the premises or from any vehicle, ship or aircraft must be produced in a form in which it can be taken away and in which it is visible and legible.
4
A constable or officer of Revenue and Customs lawfully on the premises or on the vehicle, ship or aircraft by virtue of a warrant issued under sub-paragraph (1) may—
a
search any person whom he or she has reasonable grounds to believe may be in the act of committing an offence referred to in this paragraph; and
b
seize anything he or she finds in a search referred to in paragraph (a), if he or she has reasonable grounds for believing that it is evidence of an offence referred to in this paragraph:
Provided that no person shall be searched in pursuance of this sub-paragraph except by a person of the same sex.
5
Where, by virtue of this paragraph, a person is empowered to enter any premises, vehicle, ship or aircraft he or she may use such force as is reasonably necessary for that purpose.
6
Any documents or articles of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for such an offence as aforesaid to which they are relevant, until the conclusion of those proceedings.
7
In the application of this paragraph to Scotland any reference to a justice of the peace includes a reference to the sheriff; and any reference to information on oath is a reference to evidence on oath.